During The Period Of Duty, Serious Violation Of Discipline Units Rescind The Contract.

Electrician zhengmou in the workshop duty during drinking and sleeping after drinking, resulting in the loss of equipment, the unit lifted the labor contract, but Zheng believes that he is not a custodian, no regulatory duties on goods, the unit is an illegal termination of the contract.

Can Zheng's proposal get legal support?

Zheng went to work in a Weihai company in July 1991 and was appointed electrician in the machine repair workshop. The two sides signed a fixed term labor contract.

In October 11, 2015, zhengmou was on duty and slept during the shift after drinking at noon. At this time, another worker of the workshop, Sun Mou, walked away from the machine repair shop without a motor repaired.

In December, the company learned the above information through investigation, and told the union that he had too much alcohol during his duty, failed to supervise the workshop items, and seriously dereliction of duty and extremely bad influence, and relieved Zheng's labor contract.

Zheng believes that he is an electrician and has no regulatory duties on the shop items. The company's rescission of the labor contract violates the legal provisions and has applied for labor arbitration, requiring the company to pay.

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After the ruling of the Arbitration Commission, he refused to accept the case and filed a lawsuit with the Huancui District Court of Weihai.

The court found that the sixty-second rules and regulations of the company stipulated that the unit could terminate the labor contract: violating labor discipline, working on the Internet, drinking, playing games, playing cards and playing mahjong at work time.

The machine repair workshop management system stipulates that the workshop

Including: maintenance, installation and demolition of equipment, facilities and so on.

The court held that although the duties of electricians and storekeepers were different according to their division of work, no matter which workers were on duty, they had protection for the equipment in the workshop when they were on duty.

Responsibility.

When Zheng was on duty, he violated rules and regulations and drank alcohol and slept after drinking. He neglected supervision and led to the loss of workshop equipment. His behavior violated labor discipline seriously. The company's rescission of its labor contract was in accordance with the law, and there was no factual basis for Zheng to claim compensation.

Accordingly, the court decided to reject Zheng's claim.

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A company wants to recruit an accountant, requires a bachelor's degree or above, and has over 3 years working experience.

Lee went to apply for a job, the company found that after the audit, Lee has been engaged in accounting work for 5 years, but she is a college degree, so on this grounds refused to hire.

Li believes that the company recruits employees to restrict their qualifications, which is a kind of employment discrimination.

And the company believes that employers have the right to use their own rights according to law, and the limitation of academic qualifications is the embodiment of the rights of independent employers.

Comment: employment discrimination refers to any act that violates the right of equality, such as discrimination, exclusion or preferential treatment, based on race, skin color, religion, nationality, sex, household registration, disability or physical health, age, height and language.

The third article of the Employment Promotion Law stipulates: "workers enjoy equal employment and the right to choose their own business according to law."

Workers are not discriminated against because of ethnic, racial, gender, religious beliefs and so on.

There is no mention of academic qualifications. Therefore, the employer's qualification of applicants is not a job discrimination.